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An accused person has been remanded and is awaiting a committal hearing - VCE - SSCE Legal Studies - Question 7 - 2015 - Paper 1
Question 7
An accused person has been remanded and is awaiting a committal hearing. a. Describe one purpose of remand. b. Discuss the extent to which a committal hearing c... show full transcript
Worked Solution & Example Answer:An accused person has been remanded and is awaiting a committal hearing - VCE - SSCE Legal Studies - Question 7 - 2015 - Paper 1
Step 1
Describe one purpose of remand.
Answer
One purpose of remand is to ensure that the accused person appears at the next court hearing. This is crucial for maintaining judicial integrity and the continuity of legal proceedings. By remanding an individual, the court aims to secure their presence in order to prevent possible flight or avoidance of justice.
Step 2
Discuss the extent to which a committal hearing could achieve one of the elements of an effective legal system.
Answer
A committal hearing plays a significant role in establishing whether there is sufficient evidence to support a conviction at trial. This process mainly helps to ensure that the legal system operates fairly and efficiently by filtering out cases that lack strong evidence. If the evidence presented is compelling, the case may proceed to trial; otherwise, it gets dismissed, thereby upholding the principle of justice.
However, while committal hearings are designed to uphold the integrity of legal proceedings, they can sometimes delay the resolution of cases. This delay can occur due to procedural hurdles and lengthy hearings, especially if multiple witnesses or extensive evidence is involved. As a result, although they serve a purpose in maintaining fairness and thorough scrutiny of cases, they can hinder the efficiency of the legal system if not managed carefully.